Opinion
June 8, 1987
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the judgments are affirmed insofar as appealed from, without costs or disbursements.
We agree with the Supreme Court, Suffolk County, that the plaintiff was not entitled to an award of attorneys' fees in the judgments of foreclosure. In this case, the mortgages provided, in pertinent part, for the award of attorneys' fees in actions other than to foreclose the mortgages. The promissory notes evidencing the underlying obligations provided, in relevant part, for attorneys' fees to be awarded "[i]f this note be not paid when due". "That provision in the note[s] is not the equivalent of an obligation to pay reasonable counsel fees in an action to foreclose a mortgage" (see, Lipton v Specter, 96 A.D.2d 549, lv denied 61 N.Y.2d 608). Accordingly, the applications for attorneys' fees in these foreclosure proceedings were properly denied. Thompson, J.P., Bracken, Lawrence and Spatt, JJ., concur.